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RUN AWAY FROM UAE

Dear Attorney, My coworker & I had ventured into lending business with needy fellow OFWs here in Dubai with ten percent interest per month (which is pretty much lower compared to the Indians which is charging 20 percent)since 2008. We agreed that he will take the 2 percent as a collector and as a capitalist i would take the 8 percent. The business had ran smoothly until July 2010 he suddenly went home for vacation and never come back, all of my invested amount totalling to 50,000 dirhams (equivalent to Php600,000) had vanished together with him. He give list of fictitious people and fictitious amount whom i can no longer traced and besides he has the total control of the business as collector and i am just waiting for my share so i am totally clueless how to retrieve the money if ever there is still but to all indication he meticulously plan to collect all the money including company gratuity and run away. I keep on calling him but to no avail he is refusing to pick up my call. He left with me 3 lending agreements clearly stating he received the following amount from AED39,000, AED4200 and another handwritten note with his signature amounting to AED4,000 also just to compel him to go back to Dubai i sent him another AED1,000 as i heard he had no money for the POEA registration, i sent the amount on his name via Western Union and i received SMS confirmation he had collected the amount. Those written agreements bore his signatures as per his passport signature. One of those agreements clearly stated that he will pay 10 percent interest per month. With the above, since he is already in the Philippines i wanted to file a case, i wanted to know what case is the appropriate for me to file. Is Philippine court going to admit an agreement (unnotarized) signed by both Filipinos here in the UAE. Please give me all your advices so that i can retrieve my invested amount as i knew he had a lot of properties in the Philippines considering he was a 20 years abroader.It is also in vain to file a case here in the UAE as he is already blocklisted here since he ran away also with 2 bank loans.

Ronnel wrote:Dear Attorney, My coworker & I had ventured into lending business with needy fellow OFWs here in Dubai with ten percent interest per month (which is pretty much lower compared to the Indians which is charging 20 percent)since 2008. We agreed that he will take the 2 percent as a collector and as a capitalist i would take the 8 percent. The business had ran smoothly until July 2010 he suddenly went home for vacation and never come back, all of my invested amount totalling to 50,000 dirhams (equivalent to Php600,000) had vanished together with him. He give list of fictitious people and fictitious amount whom i can no longer traced and besides he has the total control of the business as collector and i am just waiting for my share so i am totally clueless how to retrieve the money if ever there is still but to all indication he meticulously plan to collect all the money including company gratuity and run away. I keep on calling him but to no avail he is refusing to pick up my call. He left with me 3 lending agreements clearly stating he received the following amount from AED39,000, AED4200 and another handwritten note with his signature amounting to AED4,000 also just to compel him to go back to Dubai i sent him another AED1,000 as i heard he had no money for the POEA registration, i sent the amount on his name via Western Union and i received SMS confirmation he had collected the amount. Those written agreements bore his signatures as per his passport signature. One of those agreements clearly stated that he will pay 10 percent interest per month. With the above, since he is already in the Philippines i wanted to file a case, i wanted to know what case is the appropriate for me to file. Is Philippine court going to admit an agreement (unnotarized) signed by both Filipinos here in the UAE. Please give me all your advices so that i can retrieve my invested amount as i knew he had a lot of properties in the Philippines considering he was a 20 years abroader.It is also in vain to file a case here in the UAE as he is already blocklisted here since he ran away also with 2 bank loans.

yes, you can file a civil case for collection here. the contracts will be recognized if you can prove their due authenticity and execution.

you can issue a special power of attorney to someone to represent you in this matter. I recommend that you or your lawyer, or representative first send a demand letter. do you know where he is and where his properties are? you can proceed to collect against his properties if they are registered under his name.

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attyLLL wrote:yes, you can file a civil case for collection here. the contracts will be recognized if you can prove their due authenticity and execution.

you can issue a special power of attorney to someone to represent you in this matter. I recommend that you or your lawyer, or representative first send a demand letter. do you know where he is and where his properties are? you can proceed to collect against his properties if they are registered under his name.

As you have advised, i have crafted my own demand letter with the following content below, i would like you to check if this is made accordingly to what is acceptable to the court.

"It has already been two months since you left Dubai for a Philippine vacation and I am clueless when you are coming back or still have the plan to come back. You went on vacation without giving back to me the money you owed & I entrusted amounting to AED42,842.00 equivalent to PhP509,391.38 (current exchange rate: 1AED=Php11.89). The breakdown of the above amount is tabulated below as per attached three acceptance documents duly signed by you.

I have repetitively called you and I sent several SMS but you were cancelling my call and my SMS got no response. The above monies are my hard work income here at Dubai and even got me indebted to several banks just to raise that amount and right now my family & I are having enormous financial difficulty to pay off those bank debts. I respectfully request you to pay the said amount within 30 days from the receipt of this claim notice and my contact numbers are written below. If by then you failed to pay the above amount in full I donít have any other option but to file an appropriate legal charge against you in Philippine court.

My name & 2 Contact numbers

Did the above claim letter can put weights if ever i will file my case? Is the above suffice in contents?Kindly advise me. Thanking you in anticipation.

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Just want another question. Do i need to have it blotter first at any police station or i have to go directly to the fiscal's office after 30 days if ever he did not respond or make any amicable settlement with me. Thank you very much and more power to this site!

please see my earlier post. this is supposed to be a civil case, not a criminal case. reporting to police is not proper. the case will be filed in court not in the prosecutor's office as collection of sum of money.

_________________

[i] Visit our FB Page: FOR MORE LEGAL ADVICE ¬†Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an ¬†Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.